Hello Wildlifers, all 400 of you!
This is lengthy, a most serious subject, well worth knowing.
First, "Cudos" to Representatives Lee Perry and Rich Greenwood, and Sen. John Valentine, and all supporters of this bill. And thanks to Mitch Vilos for a fast answer to our question.
Al asked me to look into Utah's situation regarding the possibility of Firearms Seizure during a declared emergency. Such as what took place during the infamous Katrina abomination. Today it is being regurgitated by another rabid-left Governator presently ruling the U.S. Virgin Islands.
(Yes, "Governator" is a word, look it up. I first heard it when Arnold wanted to pull the State Trooper's Retirement funds into the California general fund. Big mistake for Arnold.)
I checked the Utah Legislature website to verify the 2010 Utah House bill that was proposed after Katrina. I could not find it was ever signed. So yesterday I wrote a quick history and sent it to our BEWF House Representative Lee Perry http://house.utah.gov/rep/PERRYLB. I knew that he always votes on the side of the U.S. and Utah Constitutions. I asked him if he could get me past the part in 2007 where the bill had been tabled without a signature. I CC'd both our BEWF Pres. Al Smart, and our friend Mitch Vilos, who you can visit at his website: http://firearmslaw.com/.
Within a couple hours, Mitch sent back a copy of the 2013 Legislation that had been signed by the Governor. It was sponsored by one of the guys Lt. Lee used to work with "back in the day". Now you know good cops are in favor of honest citizens being able to protect themselves and their families!
Mitch sent the following text from the controlling Legislation. Read it carefully, Wildlifers, don't try to speed-read something this important.
And if you ever have to use your Second Amendment Rights of self-defense, that subject will be the title of a second post I'll make soon.
So here you go; I checked that this Bill had actually been completed and signed by the Governor in 2013:
https://le.utah.gov/~2013/bills/static/HB0302.html With kudos for our good and faithful Representative Rich Greenwood and Senator John Valentine and all the good Utah Legislators who supported this bill. Don't forget them either!
* * * * * * * * * *
A .pdf file is available if you DuckDuckGo search: Utah C53-2a-S214_1800010118000101.pdf
* * * * * * * * * *
https://le.utah.gov/xcode/Title53/Chapter2a/53-2a-S214.html
§ 53-2a-214. [Renumbered from 63K-4-405] Prohibition of restrictions on and confiscation of a firearm or ammunition during an emergency
(1) As used in this section:
(a)
(i) "Confiscate" means for an individual in Utah to intentionally deprive another of a privately owned firearm.
(ii) "Confiscate" does not include the taking of a firearm from an individual:
(A) in self-defense;
(B) possessing a firearm while the individual is committing a felony or misdemeanor; or
(C) who may not, under state or federal law, possess the firearm.
(b) "Firearm" has the same meaning as defined in Section 76-10-501.
(2) During a declared state of emergency or local emergency under this part:
(a) neither the governor nor an agency of a governmental entity or political subdivision of the state may impose restrictions, which were not in force before the declared state of emergency, on the lawful possession, transfer, sale, transport, storage, display, or use of a firearm or ammunition; and
(b) an individual, while acting or purporting to act on behalf of the state or a political subdivision of the state, may not confiscate a privately owned firearm of another individual.
(3) A law or regulation passed during a declared state of emergency that does not relate specifically to the lawful possession or use of a firearm and that has attached criminal penalties may not be used to justify the confiscation of a firearm from an individual acting in defense of self, property, or others when on:
(a) the individual's private property; or
(b) the private property of another as an invitee.
(4)
(a) An individual who has a firearm confiscated in violation of Subsection (2) may bring a civil action in a court having the appropriate jurisdiction:
(i) for damages, in the maximum amount of $10,000, against a person who violates Subsection (2);
(ii) for a civil penalty, in the amount of $5,000 per violation, against a person who violates Subsection (2); and
(iii) for return of the confiscated firearm.
(b) As used in this Subsection (4), "person" means an individual, the governmental entity on whose behalf the individual is acting or purporting to act, or both the individual and the governmental entity.
(5)
(a) A law enforcement officer is not subject to disciplinary action for refusing to confiscate a firearm under this section if:
(i) ordered or directed to do so by a superior officer; and
(ii) by obeying the order or direction, the law enforcement officer would be committing a violation of this section.
(b) For purposes of this Subsection (5), disciplinary action might include:
(i) dismissal, suspension, or demotion;
(ii) loss of or decrease in benefits, pay, privileges or conditions of employment; and
(iii) any type of written or electronic indication, permanent or temporary, on the officer's personnel record of the officer's refusal to obey the unlawful order.
(6)
(a) If a law enforcement officer commits a violation of this section, the officer's liability in an action brought under Subsection (4)(a) is limited to 5% of the damages and civil penalty allowed under Subsection (4)(a) if the officer can show by clear and convincing evidence that the officer was obeying a direct and unlawful order from a superior officer or authority.
(b) The court shall assess the balance of the damages and civil penalty, the remaining 95%, against the superior officer or authority who ordered or directed the confiscation in violation of this section.
Cite as Utah Code § 53-2a-214